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RobinsonWay - Next
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emlc27
Posts: 60 Forumite
Hi All,
Hope you can help me. I have an outstanding account with Next. It’s currently held with Robinson way. I have checked my credit record and I have a default against me for this account and it way defaulted by London Scottish Bank on 15th May 2006 as I could not afford the minimum payment. I started paying this account again until I found the default 2 months ago.
I wrote to Robinson way asking if they could put the account on hold, I asked if they could remove the default with an understanding that it is affecting my life. They said no.
I then wrote to them with £1 postal order with the Request for proof of Default template letter.
They responded with the terms and conditions of the agreement that was signed by their company and not by me.
I wrote back to them with the “In response to this request I was supplied a document which did not comply with the requirements of the Consumer Credit Act 1974” letter.
They then responded saying “we are satisfied that the document provided is sufficient to demonstrate liability and we will not enter into repetitive correspondence regarding this.
So I replied with “I received your letter dated xx/xx/xx (copy attached) I have also attached the copy of the UNSIGNED agreement you sent me.
I have still not received a true copy of the agreement as required by S78 Consumer Credit Act 1974, just a blank copy of an agreement on which your company does not have my signature. As such I can only assume that no contract was ever signed by me……. Blah blah
They replied with “further to your letter we have made our position clear payment is required.
What should I do now???
Thanks for reading thanks for your replies in advance.
Emma
Hope you can help me. I have an outstanding account with Next. It’s currently held with Robinson way. I have checked my credit record and I have a default against me for this account and it way defaulted by London Scottish Bank on 15th May 2006 as I could not afford the minimum payment. I started paying this account again until I found the default 2 months ago.
I wrote to Robinson way asking if they could put the account on hold, I asked if they could remove the default with an understanding that it is affecting my life. They said no.
I then wrote to them with £1 postal order with the Request for proof of Default template letter.
They responded with the terms and conditions of the agreement that was signed by their company and not by me.
I wrote back to them with the “In response to this request I was supplied a document which did not comply with the requirements of the Consumer Credit Act 1974” letter.
They then responded saying “we are satisfied that the document provided is sufficient to demonstrate liability and we will not enter into repetitive correspondence regarding this.
So I replied with “I received your letter dated xx/xx/xx (copy attached) I have also attached the copy of the UNSIGNED agreement you sent me.
I have still not received a true copy of the agreement as required by S78 Consumer Credit Act 1974, just a blank copy of an agreement on which your company does not have my signature. As such I can only assume that no contract was ever signed by me……. Blah blah
They replied with “further to your letter we have made our position clear payment is required.
What should I do now???
Thanks for reading thanks for your replies in advance.
Emma
:hello: 2006 = over £15000
2009 = £6000
Target
2011 = £0:j
0
Comments
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It only has to be signed for you if it was a pre April 2007 credit agreement. (the date the account was opened)
Removal of defaults is difficult where you actually stopped/missed payments (usually 3 months), because it was placed for the correct reason.
What you need to do is check the documents you received to see if it is a valid CCA. Note, a recent high court judgement states even if a debt is unenforceable, they can still place defaults/missed payments on your credit file.
Checking to see if they sent a default notice, needs to be sent to whoever actually issued the default, and then you send a SAR, nor a CCA request.
Info on CCA route - http://forums.moneysavingexpert.com/showthread.html?p=26867731#post26867731Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0
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